LRB-4247/1
MGD:kg:ch
2003 - 2004 LEGISLATURE
February 19, 2004 - Introduced by Representatives Gundrum, Molepske, Hines,
Townsend, Gronemus, Krawczyk, Taylor, Bies, Albers, Gunderson
and
Seratti, cosponsored by Senators Lazich, A. Lasee, Lassa and Kanavas.
Referred to Committee on Judiciary.
AB850,1,5 1An Act to repeal 60.23 (21) (title); to renumber and amend 60.23 (21); to
2amend
66.0107 (1) (a), 66.0107 (1) (b), 349.02 (2) (b) 2., 349.02 (2) (b) 4., 778.25
3(1) (a) 1., 818.02 (7) and 961.577; and to create 59.54 (25m) and 778.25 (1) (a)
41m. of the statutes; relating to: county and municipal ordinances regarding
5drug paraphernalia.
Analysis by the Legislative Reference Bureau
Current law prohibits the possession, manufacture, and delivery of drug
paraphernalia. If a person 17 years of age or older violates the prohibitions relating
to drug paraphernalia, he or she is subject to criminal penalties (a fine or
imprisonment or both). If a person under the age of 17 violates the prohibitions
relating to drug paraphernalia, he or she is generally subject to suspension or
revocation of his or her privilege to operate a motor vehicle for not less than six
months nor more than five years and either or both of the following: a forfeiture (civil
monetary penalty) of up to $500 (with the amount depending on drug paraphernalia
offenses the person committed in the preceding 12 months) and a requirement that
he or she participate in community service work. Current law prohibits and provides
more severe criminal penalties for the possession or use of drug paraphernalia used
to produce or store methamphetamine.
Current law also allows a city, village, or town to enact and enforce ordinances
prohibiting the possession, manufacture, or delivery of drug paraphernalia. The
ordinances must prohibit the same conduct that is prohibited under the state

statutes relating to the possession, manufacture, and delivery of drug paraphernalia
generally (as opposed to the state statutes governing the possession or use of
methamphetamine-related drug paraphernalia). In addition, the ordinances can
apply only to the possession, manufacture, and delivery of drug paraphernalia by a
person under the age of 17.
This bill allows a city, village, or town to enact and enforce an ordinance
prohibiting the possession, manufacture, or delivery of drug paraphernalia (other
than methamphetamine-related drug paraphernalia) by persons 17 years of age and
older. The bill also allows a county to enact and enforce a similar ordinance, as well
as one that applies to persons under 17 years of age. A county ordinance, however,
would not apply to conduct prohibited by a comparable municipal ordinance. (The
same restriction applies under current law to county ordinances prohibiting the
possession of marijuana.)
Any ordinance enacted under the bill must prohibit the same conduct that is
prohibited under the state statutes relating to the possession, manufacture, and
delivery of drug paraphernalia generally. A person prosecuted for violating an
ordinance enacted under this bill would be subject to a forfeiture in an amount
established by the ordinance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB850, s. 1 1Section 1. 59.54 (25m) of the statutes is created to read:
AB850,2,72 59.54 (25m) Drug paraphernalia. The board may enact an ordinance to
3prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
4(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
5An ordinance enacted under this subsection does not apply to conduct in a
6municipality that has enacted an ordinance prohibiting that conduct under s.
766.0107 (1) (bp).
AB850, s. 2 8Section 2. 60.23 (21) (title) of the statutes is repealed.
AB850, s. 3 9Section 3. 60.23 (21) of the statutes is renumbered 66.0107 (1) (bp) and
10amended to read:
AB850,3,3
166.0107 (1) (bp) Adopt Enact and enforce an ordinance to prohibit conduct that
2is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575
3(1) or (2) and provide a forfeiture for violation of the ordinance.
AB850, s. 4 4Section 4. 66.0107 (1) (a) of the statutes is amended to read:
AB850,3,65 66.0107 (1) (a) Prohibit all forms of gambling and fraudulent devices and
6practices;.
AB850, s. 5 7Section 5. 66.0107 (1) (b) of the statutes is amended to read:
AB850,3,108 66.0107 (1) (b) Seize anything devised solely for gambling or found in actual
9use for gambling and destroy the device after a judicial determination that it was
10used solely for gambling or found in actual use for gambling; and.
AB850, s. 6 11Section 6. 349.02 (2) (b) 2. of the statutes is amended to read:
AB850,3,1312 349.02 (2) (b) 2. Chapter 961 and local ordinances that strictly conform to s.
13961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
AB850, s. 7 14Section 7. 349.02 (2) (b) 4. of the statutes is amended to read:
AB850,3,1615 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25), 60.23 (21) or
1666.0107 (1) (bm).
AB850, s. 8 17Section 8. 778.25 (1) (a) 1. of the statutes is amended to read:
AB850,3,2118 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2),
19961.573 (2), 961.574 (2) or 961.575 (2)
or under a local ordinance strictly conforming
20to one of those statutes brought against an adult in circuit court or against a minor
21in the court assigned to exercise jurisdiction under chs. 48 and 938.
AB850, s. 9 22Section 9. 778.25 (1) (a) 1m. of the statutes is created to read:
AB850,4,223 778.25 (1) (a) 1m. Under s. 961.573 (2), 961.574 (2), or 961.575 (2) brought
24against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938
25or under a local ordinance strictly conforming to s. 961.573 (1) or (2), 961.574 (1) or

1(2), or 961.575 (1) or (2) brought against an adult in circuit court or against a minor
2in the court assigned to exercise jurisdiction under ch. 48 and 938.
AB850, s. 10 3Section 10. 818.02 (7) of the statutes is amended to read:
AB850,4,64 818.02 (7) In an action for a forfeiture under s. 961.573 (2), 961.574 (2) or
5961.575 (2), or under a local ordinance strictly conforming to one of those statutes s.
6961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2)
.
AB850, s. 11 7Section 11. 961.577 of the statutes is amended to read:
AB850,4,10 8961.577 Municipal ordinances. Nothing in this subchapter precludes a
9county, city, village, or town from prohibiting conduct that is the same as that
10prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2) or 961.575 (1) or (2).
AB850,4,1111 (End)
Loading...
Loading...